Pradeep Kumar Singh Baghel, J. - (1.) The writ jurisdiction of this Court under Ar ticle 226 of the Constitution of India is invoked against the order dated 6.8.2015 passed by the District Magistrate whereby he has dismissed the petition from service of Lekhpal and the order passed by the Commissioner dated 30.4.2016 whereby he has dismissed his appeal.
(2.) A brief reference to factual aspect would suffice. The petitioner was initially appointed as Lekhpal and later on he earned his promotion to the post of Registrar Kanoongo. While he was working in Tehsil Dibai District Bulandshahr, he was served upon a charge sheet dated 25.11.2014 containing the sole charge that while he was functioning as a Lekhpal at Tehsil Siana in the year 2002, he had submitted an incorrect report relating to a sale deed on the basis which Tehsildar passed an order to record name of the vendee in the revenue papers. To be more specific, one Ikramul Haq had executed a registered sale deed dated 28.8.2002 in favour of his wife Smt. Noorjahan. Tehsildar asked the petitioner to submit the report in respect of the said sale deed. The Tehsildar passed the order for mutation based upon the petitioner, which was found to be incorrect.
(3.) The petitioner was granted 15 days time to submit his reply. Before submitting his reply, he submitted an application dated 8.12.2014 before the Enquiry Officer requesting him to provide him some documents, which are necessary to submit effective reply to the charge sheet. It is submitted that his request was declined by the Sub Divisional Magistrate, Siana who communicated the petitioner, vide communication dated 29.12.2014 addressed to the Enquiry Officer that the documents required by the petitioner are not available as they have been sent to Board of Revenue, Lucknow in respect of a enquiry. The petitioner again moved an application on 2.1.2015 to provide some other documents relating to the enquiry. The said application was also rejected by the Sub Divisional Magistrate, Siana, vide communication dated 8.1.2015, on the ground that document sought by the petitioner were not relevant for the enquiry proceedings.;